Texas AG Boots Challenge Of Tobacco Ad Fee To Courts

Law360, Dallas (August 26, 2013, 9:31 PM EDT) -- The Texas Attorney General's Office on Monday said it doesn’t have the facts to decide whether a state fee on outdoor tobacco advertising is preempted by federal law or whether the law violates free speech, saying the question belongs in the courts.

In the ruling, the AG’s office said a provision of the Texas Health and Safety Code could be preempted by the Federal Cigarette Labeling and Advertising Act — which prohibits states from passing their own restrictions on cigarette advertising so long as the products...